Public Servant framing an incorrect document with intent to cause injury (Section 167 of IPC)

BySukendar Debnath

Legal provisions regarding Public Servant framing an incorrect document with intent to cause injury under section 167 of Indian Penal Code, 1860.

Public Servant framing an incorrect document with intent to cause injury:

While Section 166 deals generally with the disobedience of any direction of law; Section 167 deals with a specific instance viz., that the framing an incorrect document with intent to cause injury.

Section 167 deals with an incorrect framing or translating of a document or electronic record the preparation or translation of which is within the scope of his official duty provided he was aware of it and it was done with the intention or knowledge that it was likely to cause injury to any person.

The points requiring proof under Section 167 are:

1. The accused was a public servant;

2. He was charged with the preparation or translation of any document;

3. He framed or translated it in an incorrect manner;

4. He did so knowingly;

5. He did so with intent or with knowledge that it was likely that he would thereby cause injury.

Offence under Section 167 is cognizable and warrant may ordinarily issue in the first instance. The offence is bailable but not compoundable; is triable by the first class Magistrate.